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Thursday, February 19, 2009

Ind. Law - "Independent official would review deaths of children in custody"

Mary Beth Schneider reports in the Indianapolis Star in a story that begins:

An Indiana House panel on Wednesday passed a bill creating an independent ombudsman to review the deaths of children in the state's custody as well as counterbalance the state's power to take a child from its family.

To the emotional family members who testified Wednesday before the House Family, Children and Human Affairs Committee, House Bill 1602 is long overdue.

Their frustration and, in a couple of cases, their tears helped persuade the committee to vote 11-0 to send the bill to the full House for debate and a vote.

The move to create a Department of Child Services ombudsman in Indiana gained momentum in particular because of the deaths of some children, including Destiny Linden, a 12-week-old Indianapolis girl who died in April 2008 while in a Marion County foster home.

An ombudsman would review such cases, focusing on whether DCS did everything it should have to help and protect a child in the state's care, as well as the complaints of people who deal with DCS. The ombudsman also could pursue appeals of DCS actions and see any and all records regardless of privacy strictures.

Advocates say an ombudsman is needed because parents often fear reprisal if they bring complaints about the DCS to the agency.

Also from the story:
James Payne, the former juvenile court judge who directs DCS, told the committee that "we are not opposed to the bill."

But he said the agency already is "one of the most overseen agencies in government." Its goal, he said, is not to remove children from their homes unless absolutely necessary.

Rep. Vanessa Summers, the Indianapolis Democrat who is chairwoman of the committee, told Payne that despite all the checks and balances Payne said existed, the testimony of the families indicated they might not be enough.

"There is something going on if we have that many people with issues," she said.

According to data compiled by the National Coalition for Child Protection Reform, Indiana removed children from their families in 2007 at a rate of 4.86 per 1,000 children, more than 20 percent more than the national average of 3.93.

Rep. Charlie Brown, the Gary Democrat who authored the bill, noted that 33 other states have such ombudsmen.

Once the committee report is filed, the bill will become eligible for second reading. But, as noted in this ILB entry yesterday, time is short for first house action.

Posted by Marcia Oddi on February 19, 2009 08:08 AM
Posted to Indiana Law